Study On The Mechanism Of Balancing Of Interests Of Information Sharing And Copyright Protection Under The Network Environment

In the modern democratic society, information sharing and rational utilization is a statutory right of citizens endowed by law, on behalf of the interests of the public, at the same time, information sharing is the key to ensure the benign circulation innovation, in the circulation process, sharing today may become tomorrow’s potential creator. Copyright protection is a kind of incentive of intellectual creators, is the recognition and protection of proprietary rights law of intellectual creators, the copyright owner’s personal interests. But with the development and progress of society, creation, issuance and use of the works have been changed greatly. In the network environment, copy and use work no longer depend on books and other traditional carrier, to create the conditions for a lot of people uncertain information sharing. In this case, a hand to meet the public need for information sharing, the legitimate rights and interests of the individual on the other hand, also can make the copyright infringement, which leads to information sharing under the network environment and the protection of copyright conflict.The government in the network era is the guardian of the public interest, but also the stakeholders, the interests of relevant subjects are to be comprehensive consideration, the progress of social civilization and the protection of the interests of copyright owner is equally important, in respect to find the correct standpoint of private rights and the protection of public interests balance. The aim of this paper is on the existing regulatory environment, and explore a set can fully realize the information sharing and can effectively protect the copyright interests balance mechanism. In this paper, the information resources under the network environment between sharing and copyright protection to realize the balance of the rationality, reason and then as the theoretical support to the analysis of information resources sharing under the network environment and the protection of copyright conflict, then from the perspective of public policy, law, rights management using perspective and economic perspective to explore measures to solve the conflict.The first chapter is points out the research background、the significance of the topic and research methods, and the progress of the current research are introduced.To the second chapter arising from the development of network technology and social imbalance, analysis of interest unbalance between the main stakeholders, the basic theory of balance of interests and then discusses the copyright law. On this basis, the basic principles of balance of interests, and further elaborates the basic premise and the interests of the distribution system design of the principle of balance of interests under the network environment. Through the sharing of information under and the copyright protection of rationality of the balance of interest the network environment, to provide theoretical support for the following research on conflict of interests between the sharing of network information and copyright protection.The third chapter analyzed the causes of conflict between information sharing under the network environment and the protection of copyright and their forms of expression, and analysis and in-depth analysis of the causes of conflict, and puts forward the corresponding countermeasure proposal.The fourth chapter from the perspective of public policy to research the countermeasures of information resources sharing and interest balance between under the network environment. Through the research on the public interest, and then determine the copyright in the scope of public interest, and finally from the implementation of copyright and public policy in two aspects of the protection of the interests of sharing the balance of interests between the measures and copyright protection of information resources under the network environment.The fifth chapter from the legal perspective to research the measures balance of interests between copyright protection and information sharing under network environment. Analysis and summary based on the domestic and foreign related laws and regulations, theory research, sharing of research work, the right form of network infringement. Finally, from the copyright law to protect the rights and restriction of rights two aspects to study the implementation of information sharing under the network environment of interest balance between copyright protection and the countermeasures.The sixth chapter from the copyright management perspective to study the countermeasures to balance the interests between the protection of copyright and the information sharing under network environment. Base on our current systems, authorized on two aspects of the ethical management mode, network copyright collective management of copyrights, and reasonable use of network environment.The seventh chapter from the perspective of economics to study the countermeasures of balance interests between copyright protection and sharing of information under network environment. Applying the theory of external economics, the transaction cost theory, the cost curve theory and game theory to analyze the network copyright products making reasonable price of the necessity and rationality, and puts forward relevant countermeasures and suggestions.The eighth chapter is the summary and Prospect of this paper, and put forward the lack of major innovation points, the present research and future research should be strengthened.